Income Tax

Rejection of books of account for non inclusion of freight and cartage in closing stock

Rejection of books of account for non inclusion of freight and cartage in the value of the closing stock had distorted the correct figure of profit. Therefore, the AO was within his right to reject the books of accounts u/s 145(3)

ABCAUS Case Law Citation:
ABCAUS 2547 (2018) 09 ITAT

Important Case Laws Cited/relied upon by the parties:
British Paint India Pvt. Ltd. Vs. CIT reported in 188 ITR 44

Rejection of books of account-non inclusion of freight cartage in closing stock 

The case of the appellant assessee was picked up for scrutiny assessment and the assessment u/s 143(3) of the Income Tax Act, 1961 (the Act) was framed.

During the assessment proceedings, the Assessing Officer (AO) noticed that the expenses related to cartage and freight were not included in the closing stock by the assessee. Therefore, the AO rejected the books of accounts by invoking the provision of section 145(3) of the Act.

As a result, the AO estimated the percentage of  net profit and made addition accordingly.

Against this addition, the assessee preferred an appeal before CIT(A) who after considering the submissions sustained the finding of rejection of books of accounts, however, adopted the average gross profit of the preceding years.

Before the Tribunal, the assessee challenged the rejection of books of accounts. It was argued that the AO was not justified in rejecting the books of accounts.

It was submitted that the AO ought to have accepted the book result declared by the assessee. Merely because the assessee could not inadvertently included the expenses related to freight and cartage in the closing stock, this should not have been sufficient for rejection of books of accounts.

It was further contended that the AO had not given any finding in respect of the other information declared by the assessee.

On the contrary, The Department opposed the submissions of the assessee and placing reliance on the judgment of Hon’ble Supreme Court submitted that the law is very clear. The AO is empowered to invoke provisions of section 145(3) of the Act in the event that on the basis of the accounts, the correct figure of the profit cannot be deduced.

The Tribunal observed that there is no dispute with regard to the fact that the AO would be within his power to reject books of accounts, if he is satisfied that the books of accounts placed before him do not give the correct figure of the profit.

The Tribunal found that in the instant case, admittedly, the assessee had not included expenses related to the cartage and freight in his books of accounts.

The Tribunal opined that non inclusion of the freight and cartage in the value of the closing stock had distorted the correct figure of profit. Therefore, the AO was justified to reject the books of accounts.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

Non-deduction of TDS does not make transaction as unexplained in the hands of deductee – ITAT

Mere non-deduction of TDS by the deductor on a transaction does not change the character of the transaction to make…

2 days ago
  • ICAI

Last date to submit MEF 2026-27 extended to 09.09.2026

ICAI has extended the last date to online submit Multipurpose Empanelment Form (MEF)- 2026-27 from 29th August 2026 to 9th…

2 days ago
  • Income Tax

Validity of demand u/s 156 for default u/s 115-O, if assessment order u/s 143(3) has Nil demand

Can a demand notice be issued u/s 156 for non-payment of Dividend tax u/s 115-O, when as per assessment order…

4 days ago
  • Income Tax

Issue already examined and adjudicated by CIT(Appeals), can’t be reopened on same set of facts

The issue already examined and adjudicated by the quasi-judicial authority, i.e., CIT(Appeals), cannot be reopened on the same set of…

5 days ago
  • Income Tax

TDS can’t be denied for non deposit of tax deducted by the deductor – High Court

One TDS is deducted, credit has to follow, failure of deductor to deposit the amount to the credit of the…

6 days ago
  • Income Tax

Cash withdrawal from bank can’t be taxed u/s 69C as unexplained expenditure – ITAT

Merely because assessee did not explain purpose of cash withdrawal from bank, it can not be taxed u/s 69C as…

6 days ago